Staying In The Us: F1 Visa Expiry And International Students

International students in the US on an F1 visa have several options to extend their stay beyond their student visa. Students can stay in the US on an expired F-1 visa as long as they maintain their student status and have not dropped out of school. They can also apply for Optional Practical Training (OPT), which allows them to work off-campus in a related field for up to 12 months. Additionally, students can seek employment opportunities or family sponsorship to extend their stay. However, if an F1 visa holder travels outside the US, they will need a new visa stamp to re-enter, which can be obtained by applying at a US embassy or consulate and demonstrating their intent to return home and financial stability.

Staying in the US after an F-1 visa expires

As an international student in the US, ensuring your legal presence is crucial to avoid the anxiety of potential deportation by immigration authorities. There is often a misunderstanding about the duration of a student's legal stay. Here is a detailed guide on staying in the US after an F-1 visa expires:

Maintaining Student Status

According to the Student and Exchange Visitor Program (SEVP), an F-1 student can remain in the US after their visa expires, as long as they maintain their student status. This means that as long as you are still enrolled in school and haven't dropped out or taken a job, you are allowed to stay. This status must be maintained at all times.

Grace Period

Upon completion of your coursework, F-1 students are granted a 60-day grace period. During this time, you must either change your visa status or depart the US. This grace period is also applicable if you transition from a Master's degree to a Ph.D., allowing you to update your Form I-20 and remain in the country to complete your new degree.

Travel Considerations

If you need to travel outside the US after your F-1 visa expires but before completing your studies, you will require a new visa stamp to re-enter. This involves applying at a US embassy or consulate in your home country, demonstrating your intent to return home, and proving your financial stability. Renewing your F-1 visa in a third country is possible but may pose risks of potential delays.

Employment Opportunities

While studying on an F-1 visa, students are permitted to work on-campus for up to 20 hours per week during the academic year and full-time during breaks. Additionally, they can apply for Optional Practical Training (OPT), which allows them to work off-campus in a related field for up to 12 months.

Planning and Regulations

Careful planning and adherence to immigration regulations are crucial for extending your stay in the US. Consult your school's Designated School Official (DSO) for guidance on visa applications and maintaining your legal status. They can provide updated information and direct you to relevant resources or legal assistance.

In summary, while the expiration of your F-1 visa may seem daunting, there are avenues to continue your stay in the US. Maintaining your student status, understanding grace periods, navigating travel requirements, exploring employment options, and seeking expert guidance will help ensure a smooth transition to the next chapter of your life in the United States.

Maintaining student status

Enrolment and Coursework:

• You must be enrolled as a full-time student at an accredited academic institution, such as a college, university, or academic high school.
• Ensure you are fulfilling the purpose for which your F-1 visa was issued. This means enrolling in a traditional academic program that culminates in a degree, diploma, or certificate.
• Maintain your enrolment by being properly registered for classes and keeping your documents up to date.

English Proficiency:

You must be proficient in English or be actively enrolled in courses that lead to English proficiency.

Financial Requirements:

You are required to have sufficient funds to support yourself financially throughout your entire course of study.

Residence and Travel:

• Maintain a residence abroad with no intention of giving it up. This demonstrates that you intend to return to your home country upon completing your program.
• If you plan to travel outside the US, be mindful of the visa requirements for re-entry. Automatic visa revalidation applies only when returning from a visit of fewer than 30 days to Canada or Mexico.
• Before travelling, ensure you have the necessary documentation, including a valid passport, Form I-20, and evidence of funds and compelling ties to your home country.

Work Restrictions:

• Any off-campus employment must be directly related to your area of study and must be authorized by the Designated School Official (DSO) and USCIS prior to starting work.
• F-1 students may work on-campus part-time during the academic year and full-time during breaks.
• You can apply for Optional Practical Training (OPT) to work off-campus in a job related to your field of study for up to 12 months.

Remember, maintaining student status allows you to remain in the US even if your visa expires. However, careful planning and adherence to immigration regulations are essential to avoid complications with your visa status and future applications.

Visa re-entry requirements

If your F-1 visa has expired and you are travelling to obtain a new visa from a US consulate in your home country, you must request a new Form I-20. To do this, you will need to complete an ISSS Document Request Form and attach proof of current funding sources. You will also need to provide an official personal or sponsor's bank letter, or an ISSS Scholarship/Graduate Stipend Form completed and signed by the Dean of the School or College offering the award. Current scholarship or educational loan certification from an international organisation or home government is also required. If you are requesting a program extension, you will need to attach an ISSS Academic Certification Form completed by your academic advisor. All required forms and financial documents must be submitted at the time of the request.

Upon re-entry to the US, you must present a valid passport, a recently issued Form I-20, proof of funding, current school transcripts and any required forms, fees and photographs. However, it is important to note that fees and procedures for visa renewal may vary by consulate and by country of citizenship of the applicant. It is therefore important to check for specific requirements with the embassy or local consulate where you plan to apply.

If you are not travelling with the primary visa holder and the primary has a request for optional practical training (OPT) approved or pending, you will need additional documentation. You will need to make a copy of the primary's Form I-20 or EAD and be prepared to present it at the US Embassy or Consulate and the port of entry.

If you are restarting F-1 status in the summer semester, you are required to enroll full-time for the summer term. For undergraduate students, this means enrollment in at least 12 credit hours, and for graduate students, enrollment in at least 6 graduate-level credit hours. Upon re-entry, you must report to ISSS with your passport, Form I-20 and Form I-94.

It is also important to note that you can usually revalidate an expired visa automatically if you meet certain criteria. This process is known as automatic visa revalidation and allows a student in F-1 status with an expired visa to travel to Canada, Mexico and most Caribbean nations for less than 30 days, and to re-enter the US without having to renew the F-1 visa.

Employment opportunities

International students on an F-1 visa are permitted to work in the US, but they must adhere to specific guidelines to maintain their visa status. There are five categories of employment available to F-1 visa holders:

On-Campus Employment

This is the most common type of employment for F-1 visa students, and it includes any job available within the university's departments and facilities. Examples include working in a bookstore, library, cafeteria, or dorm. F-1 students can work up to 20 hours per week during the academic year and full-time during breaks. On-campus employment can also include work with an employer that is contractually affiliated with the school, such as an off-campus research lab. It is important to note that F-1 students cannot work for a company contracting with the school for something other than student services.

Off-Campus Employment

After their first academic year, F-1 students may engage in off-campus employment, but this must be related to their field of study. This can include the Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training (OPT) Extension. OPT allows students to work off-campus for up to 12 months, and they can apply for this through the United States Citizenship and Immigration Services (USCIS).

Employment with an International Organization

This category of employment is for students seeking internships with international organizations. These organizations must be on the official State Department list, and only students with a job offer and sponsorship from one of these organizations are eligible. Students will need an Employment Authorization Document (EAD) for this type of employment, which can take up to three months to obtain.

Automatic Visa Revalidation

F-1 visa holders who travel to Canada or Mexico for less than 30 days can revalidate their expired visa automatically upon their return to the US. However, this process is not applicable if the student has applied for a new visa that has not been issued or has been denied, or if they have been out of the US for more than 30 days.

Family Sponsorship

In addition to employment opportunities, international students on an F-1 visa can also explore the option of family sponsorship to extend their stay in the US. This may involve careful planning and adherence to immigration regulations.

It is important for F-1 visa students to be aware of the restrictions and requirements associated with each type of employment to maintain their status and avoid any negative impact on their future visa applications.

Family sponsorship

If you are an international student in the US with an F-1 visa, you may be able to stay in the country after your visa expires by maintaining your student status. This means fulfilling the purpose for which the Department of State issued you your visa and following the regulations associated with that purpose.

One way to stay in the US after your F-1 visa expires is through family sponsorship. If you have a parent or child over 18 who is a US citizen, they can sponsor your green card. Alternatively, you can receive sponsorship from a relative who owns a business. In this case, your relative will have to prove that you are being hired based on your qualifications and not just because of your relationship.

Another option for staying in the US after your F-1 visa expires is to change your visa status. For example, you could apply for an H-1B visa, which will allow you to stay in the US for a limited number of years, or seek asylum if returning to your home country would put your well-being at risk.

It is important to note that staying in the US on an expired F-1 visa may negatively impact your future visa applications. Additionally, if you leave the US, you will need to have a valid visa to re-enter the country. The process of revalidating an expired visa can be complex, and it is recommended that you consult with your school's office that deals with international students or a qualified lawyer for specific advice regarding your situation.

Frequently asked questions